Chapter 4.38 OUTDOOR FESTIVALS

In this state and elsewhere, outdoor festivals have been promoted and have attracted large numbers of persons, sometimes exceeding 100,000. Occurrences at those outdoor festivals already held include the stealing of automobiles, abandonment of automobiles stolen elsewhere, totally unmanageable traffic congestion, slaughtering of cattle and other animals on adjoining property without permission of the owners thereof, unauthorized destruction of property, scattering of trash, garbage, and other debris on adjoining property, overnight camping at random locations, collision of automobiles with persons sleeping on the ground, and, generally, the commission of serious crimes with impunity due to the inability of police to patrol the area.

Such festivals, with their attendant large crowds, create serious health and safety risks for persons attending and the general public thereafter unless adequate sanitary facilities, drinking water supplies, lighting, medical services, vehicular parking areas, supervision, and other services and guarantees are provided.

The regulatory provisions of this chapter are necessary to ensure that outdoor festivals are held only at suitable places and are subject to reasonable conditions for the protection of the public health, safety, and welfare. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.005 Finance director.

The finance director is charged with the responsibility of administering the regulations imposed by this chapter, and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing outdoor festivals, promulgate administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the finance director shall be vested with the same powers and authorities in relation to outdoor festivals and the issuance and administration of special business licenses therefor as are vested in the chief of police under RCMC 4.02.070, 4.02.085, 4.02.100, 4.02.105 and 4.10.000 through 4.10.155. Any reference to the chief of police shall be deemed to be a reference to the finance director in relation to outdoor festivals. [Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.006 Exclusion for city of Rancho Cordova festivals.

The outdoor festivals chapter does not apply to outdoor festivals held at city parks, other than those within the American River Parkway, and conducted under the direction of the city of Rancho Cordova. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 704 § 2, 1987].

4.38.010 Definitions.

As used in this chapter, the terms contained in RCMC 4.38.015 through 4.38.025 shall be ascribed the meanings contained therein, unless the context indicates otherwise. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.015 Definitions – Automobile parking space.

“Automobile parking space” shall mean any maintained space, not less than 180 square feet in area nor less than nine feet wide at any place, on or contiguous to the land on which the outdoor festival is conducted, and so located and arranged as to permit the parking of an average size, six-passenger automobile. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.020 Definitions – Outdoor festival.

“Outdoor festival” shall mean any outdoor gathering of more than 500 persons for the purpose of participating in or attending a dance, music carnival, “rock” festival, or like musical activity at which vocal or instrumental or both vocal and instrumental music is provided by professional or amateur performers or by prerecorded means, held at any place other than in a permanent building, stadium or like permanent installation which has been constructed or customarily used for the purpose of housing such activities, and to which gathering members of the public are invited or admitted with or without the payment of admission charges in any form. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.025 Definitions – Sponsors and promoters.

“Sponsors and promoters” shall mean all persons and business entities having a direct financial interest in the proceeds to be derived from the outdoor festival, whether such proceeds arise from ticket sales, sales of film, radio, television, or sound recording rights, or otherwise. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.030 Landowner’s consent.

It shall be unlawful for any person to sponsor, conduct, operate, promote or advertise an outdoor festival unless the owner or owners of the land upon which the festival is or would be conducted have consented to the use thereof for such purposes. If the land is not solely owned by the person or persons sponsoring, conducting, operating, promoting or advertising the festival, such consent shall be evidenced by a written instrument containing the notarized signatures of all record owners. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.035 Sponsor responsibilities.

Each person to whom a special business license required by Article II of this chapter is issued shall be responsible as licensee and at the sole cost and expense thereof, for provision of those facilities, services, resources and guarantees required by RCMC 4.38.040 through 4.38.100. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.040 Sponsor responsibilities – Water.

The licensee shall provide drinking water of the quantity, quality, and from a source approved by the county health officer. Drinking fountains shall be provided as follows:

A. One drinking fountain for the first 100 persons;

B. Two drinking fountains for more than 100 but less than 500 persons; and

C. One additional drinking fountain for each additional 500 persons or fraction thereof. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.045 Sponsor responsibilities – Sanitary facilities.

The licensee shall provide sanitary facilities as follows: at least one water closet and one urinal, or in lieu thereof two patented chemical toilets, for every 200 males, and at least one water closet or patented chemical toilet for every 100 females, unless the county health officer finds that a lesser number is sufficient, in which case he shall designate each number. If both sexes are admitted to any sanitary facility, for purposes of determining the required quantity of facilities the persons attending the outdoor festival shall be assumed to be equally divided by sex. Prior to the commencement of the outdoor festival, the county health officer shall inspect the sanitary facilities with regard to adequacy of quantity, functioning, and plans for periodic removal of wastes therefrom, and shall approve the sanitary facilities only if they meet city health standards. While any premises are being prepared for use for an outdoor festival or for parking or other uses incidental thereto, the licensee shall provide on the premises one patented chemical toilet for each 20 persons or fractional part thereof working at the job site. Every patented chemical toilet installed in accordance with this section shall be maintained and operated in accordance with the rules and regulations approved by the county health officer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.050 Sponsor responsibilities – Automobile parking spaces.

On all premises on which an outdoor festival is conducted, or contiguous thereto and under the control of the applicant, in addition to those ways described in RCMC 4.38.080, there shall be automobile parking spaces equal in number to one-fourth of the number of persons which the license permits to attend the outdoor festival, unless the city public works director finds that a lesser number of parking spaces is sufficient, in which case the licensee shall provide the lesser number of spaces. Such automobile parking spaces shall be graded, plainly and individually marked, and separated by a physical barrier from the area where patrons will watch the performances. At all times between two hours before the commencement of the outdoor festival and two hours after its termination the licensee shall provide parking attendants at all entrances and exits to the parking area within the area. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.055 Sponsor responsibilities – Security personnel.

At any outdoor festival, one uniformed security guard for each 200 persons which the license permits to attend, whether such permissible attendance is present or not, shall be in constant attendance during the entire time the outdoor festival is in progress. Each security guard shall be approved by the chief of police or shall be provided by a private patrol operator whose name and address has been stated in the application and who is licensed pursuant to Chapter 11 of Division 3 of the Business and Professions Code. The chief of police shall approve any such guard if the guard meets the qualifications stated in Sections 7526 and 7526.3 of the Business and Professions Code. The guards shall devote their entire attention and time to keeping order and enforcing all applicable statutes and ordinances, including this chapter. [Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.060 Sponsor responsibilities – Fire protection.

The licensee shall provide such fire protection measures and equipment as the chief of that fire protection district with jurisdiction over the site on which the outdoor festival is conducted finds reasonably necessary to provide fire protection to the immediate and adjoining premises and to persons participating in and attending the outdoor festival. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.065 Sponsor responsibilities – Lighting equipment.

If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one day and sunrise of the following day, or if the license permits any participant or person in attendance to remain overnight, the licensee shall provide such lighting, including light standards and electrical switches, and such power supply as the chief of police and director of public works find necessary for the public safety and welfare. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.070 Sponsor responsibilities – Garbage.

The licensee shall provide solid waste receptacles to receive solid wastes at a ratio of one cubic yard of available receptacle space for each 250 persons which the license permits to attend the outdoor festival.

All solid waste receptacles shall be serviced once every 24 hours during the festival. Within 72 hours after the conclusion of an outdoor festival, the licensee shall clean the premises, including contiguous public roads, ways, and easements, removing all trash, garbage, and debris therefrom, which matter would not have been deposited therein had not the outdoor festival occurred. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.075 Sponsor responsibilities – Emergency communications.

At all times during the process of an outdoor festival, the licensee shall maintain such emergency communications systems as the chief of that fire protection district with jurisdiction over the site on which the outdoor festival is conducted and chief of police find reasonably necessary for fire and police protection. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.080 Sponsor responsibilities – Access ways.

The licensee shall provide all exterior and interior access ways which the chief of police and director of public works find necessary for the use of those attending the outdoor festival. All such access ways shall be clearly marked and delineated by means of curbs or temporary buffers on the ground. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.085 Sponsor responsibilities – Dust.

The licensee shall use such methods of dust control as are approved by the county health officer. The county health officer shall approve such methods if he finds that such methods will prevent the arising of dust to an extent which may endanger public health and safety. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.090 Sponsor responsibilities – Food.

In selling, preparing, delivering, or serving food or beverages or both, all persons shall comply with all applicable state, county and local health and food safety laws. [Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.095 Sponsor responsibilities – Damage reimbursement.

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that they will reimburse all owners and occupants of property adjoining the subject premises for any and all loss, injury, or damages to such owners or occupants or to their property caused by the licensee, by the owner of the subject premises, or by any other person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held. Accompanying and securing said agreement shall be a surety bond in favor of the city of Rancho Cordova and all persons to whom the licensee or owner of the subject premises may be liable because of the above required agreement. The bond shall be prepared by a corporate bonding company authorized to do business within the state of California by the Department of Insurance, and shall be in the amount of not less than $50,000, or $10.00 per person permitted by the license to attend the outdoor festival, whichever is more. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.100 Sponsor responsibilities – Cleanup.

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that, within 72 hours after the conclusion of the outdoor festival, they will clean up the premises, including contiguous public roads, ways, and easements, and remove all debris, garbage, trash, litter, and other waste matter from, in, and around the premises. Accompanying and securing this agreement shall be a surety bond in favor of the city of Rancho Cordova and all persons to whom the applicant may be liable because of the above required agreement prepared by a corporate bonding company authorized to do business in the state of California by the Department of Insurance, obligating the licensee and owner for all costs necessitated to clean up the premises and to remove debris, garbage, trash, litter, or other waste matter from, in, or around the premises. Such surety bond shall be in the amount of not less than $5,000. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.105 Limitation upon attendance.

Adequate facilities, services and accommodations for those in attendance of an outdoor festival and required to otherwise protect the public peace, health, safety and welfare necessitate a planned limit upon the volume of potential attendance and the establishment of means to ensure that the volume limit is not exceeded.

The licensee shall provide such facilities on the premises where a festival is to be conducted and such personnel as the chief of police deems necessary to effectively control the number of persons in attendance as required in order to ensure that the limit for which the special business license is issued is not exceeded.

The licensee shall not admit to the outdoor festival, and shall prevent the entrance thereto of, any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duty. Admission to an outdoor festival shall be by ticket only. The licensee shall not sell, give, or otherwise distribute or cause to be distributed a greater number of tickets than the number of persons the license permits to attend. The licensee shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than is permitted by the license.

The provisions of this section shall not be construed to require that tickets be sold for money as distinguished from given away or exchanged for some other consideration. Nor shall the provisions of this section be construed to require the persons desiring to attend to identify themselves either as a condition of receiving a ticket or of admission. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.110 Conduct prohibited.

The attendant harm and danger caused by large numbers of persons who are under the influence of intoxicating liquor or prohibited drugs necessitate the following restrictions.

No person shall, nor shall any licensee permit any person to enter, be, or remain on any part of the premises on which an outdoor festival is being conducted which such person is in possession of, consuming, using, or under the influence of any alcoholic beverage or legally proscribed dangerous drugs or narcotics. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.115 Advertising.

No person shall advertise or announce by any means or medium, including, but without limitation to, posters, pamphlets, handbills, newspaper, radio or television, the holding of an outdoor festival prior to the granting of a special business license permitting such outdoor festival.

Any and all such advertising shall contain reference to the fact that attendance is prohibited without possession of a ticket or other entitlement to attend, and the maximum number of persons permitted by the license to attend. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.120 Days and hours.

The licensee shall operate the outdoor festival only on those days and during those hours specified in the special business license. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.125 Termination of festival.

A. During the conduct of an outdoor festival for which a special business license has been issued under the provisions of Chapter 4.10 RCMC and this chapter, the chief of police shall be empowered to interrupt and terminate the festival, order the cessation thereof, and order all persons in attendance to disburse if he or she finds any of the following:

1. That the actual attendance at the festival exceeds the maximum attendance authorized by the license; or

2. That violations of RCMC 4.38.110 are occurring in such volume or under such circumstances that available law enforcement and security resources are inadequate to effectively enforce the prohibitions of said section; or

3. That any service on the site of the festival required by those in attendance is insufficient, and the insufficiency endangers the health, safety or welfare of those in attendance; or

4. That conduct violating the penal laws of the state of California is occurring in such volume or under such circumstances that law enforcement and security resources are insufficient to effectively prevent such violations.

B. It shall be unlawful for any person to violate an order issued by the chief of police under the authority conferred by this section. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

Article II. Special Business License

4.38.205 License required.

No person shall sponsor, conduct, promote, advertise or sell or furnish tickets or other authority for an outdoor festival unless under and by authority of a valid, unexpired and unrevoked special business license authorizing the outdoor festival issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.210 Filing time.

Notwithstanding the provisions of Chapter 4.10 RCMC, an application for a special business license to conduct an outdoor festival shall be filed not later than 90 calendar days in advance of the date the festival is proposed to commence. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.215 Application contents.

In addition to the matters prescribed by RCMC 4.10.030, an application for a special business license to conduct an outdoor festival shall contain that information and material prescribed by RCMC 4.38.220 through 4.38.240. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.220 Application contents – Identification of applicants.

The application shall include the name (including aliases), age, residence, mailing address and telephone numbers of each person making the application. If the application is filed by a partnership, the name (including aliases), age, residence and mailing address, and the telephone numbers of each partner shall be included. If the application is filed by a corporation, the application shall (A) be signed by the president, vice president and secretary thereof and contain their residences, mailing addresses, and telephone numbers, (B) contain the telephone numbers, the mailing addresses, and the street addresses of the principal place of business of the corporation, and (C) include a certified copy of the articles of incorporation and the bylaws of the corporation. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.225 Application contents – Identification of property owners.

The application shall include the names, addresses and telephone numbers of the owners of the premises upon which the proposed outdoor festival, including automobile parking and other incidental uses, is to be held, and the exact location, legal description, and area of these premises. If any of the owners of the premises is a partnership, the names, addresses, and telephone numbers of all partners shall be included. If any of the owners of the premises is a corporation, the street address and telephone numbers of the principal place of business of the corporation, together with the names, addresses and telephone numbers of the principal officers thereof, shall be included. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.230 Application contents – Time – Attendance – Advertising.

The application shall include:

A. The date or dates and the hours during which the proposed outdoor festival is proposed to be conducted;

B. A statement of the maximum number of persons proposed to be admitted to the outdoor festival on each day;

C. Specification of the means of identifying the persons permitted to attend the festival, whether by tickets or otherwise; the number of tickets or other entitlements to admission to be issued for distribution; the names and addresses of all persons who are to receive such entitlements for distribution; and the number of such entitlements to be provided to each distributor;

D. Identification of all fencing, the number and location of admission gates, security and other measures proposed to ensure that actual attendance does not exceed the maximum prescribed by the license; and

E. The text of all advertising intended for the purpose of publicizing the festival, which shall be subject to approval only in relation to compliance of the text with those requirements prescribed by RCMC 4.38.115. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.235 Application contents – Provisions for services.

A. The application shall include a detailed statement of the applicant’s plans to supply all facilities, services, resources and guarantees required by RCMC 4.38.040 through 4.38.100, together with:

1. The names and addresses of all business entities or other persons intended to supply the facilities, services and resources, coupled with an exact description of the facilities, services or resources each business entity or other person is intended to supply;

2. Contracts or other written statements executed by the providers showing the charges to be imposed for the facilities, services or resources to be provided, and the dates and amounts of all deposits or other advance payments required therefor; and

3. Financial statements by the applicant showing the availability of funds with which to make any deposits or advance payments required.

B. The application shall include copies of the written instruments required by RCMC 4.38.030, 4.38.095 and 4.38.100. The bonds required by RCMC 4.38.095 and 4.38.100 shall be filed with the finance director not later than the date of and as a condition precedent to issuance of the special business license. [Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.240 Application contents – Maps and diagrams.

The application shall include a map of white background print, drawn to scale, showing:

A. The location of the property on which the proposed outdoor festival and all related activities will be held;

B. The location of all highways, streets, alleys, lots, and parcels of land within 700 feet of the exterior boundaries of the proposed use;

C. All access ways to the property;

D. All exterior access ways;

E. The location of all buildings and structures on the premises, or to be erected thereon, including, but without limitation to, all bandstands, stages, tents, other facilities for performers, and bleachers, tents or seats for those attending;

F. The location of all loudspeakers; and

G. The location of all toilets, medical facilities, lighting, emergency communications, drinking facilities, and solid waste receptacles. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.245 Fingerprints and photographs.

An application shall not be deemed completed until each of the following persons associated with an applicant has been fingerprinted and photographed at the Rancho Cordova police department:

A. All general partners, if the applicant is a partnership;

B. All joint venturers, if the applicant is a joint venture; and if one or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the applicant;

C. A sole proprietor, if the applicant is a sole proprietorship;

D. All owners of more than 10 percent of the voting shares of stock, if the applicant is a commercial corporation;

E. All directors, if the applicant is either a commercial or nonprofit corporation;

F. All members of the management committee, if the applicant is a partnership or joint venture;

G. All members of a governing body or other board or committee to which management is entrusted, if the applicant is an unincorporated association; and

H. Each president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm who is the applicant. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.250 Processing of application.

Upon receipt of a fully completed application, the finance director shall provide copies thereof to the chief of police, director of health department, director of public works, chief of the fire protection district with jurisdiction over the site where the outdoor festival is to be conducted, and planning director. Each of said officials shall determine whether, with regard to their specific areas of responsibility under this chapter, the proposed outdoor festival can be held without violating any of the provisions of this chapter, and shall make such determinations as are otherwise required by the provisions of this chapter.

Each such official shall submit to the finance director within 30 calendar days following the date of filing of a completed application his or her written findings, determinations and requirements. [Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.255 Issuance.

A. Notwithstanding the provisions of RCMC 4.10.040, the finance director shall act upon the application not later than 30 calendar days following the date of filing of the application, and the provisions of RCMC 4.10.040(C) shall not constitute grounds for denial of a special business license to conduct an outdoor festival.

B. The finance director shall issue the special business license within 30 days after the date on which the application is filed, unless, in addition to the grounds prescribed by RCMC 4.10.040, either:

1. The planning director, chief of police, director of public works, chief of the fire protection district with jurisdiction over the site where the outdoor festival is to be conducted, or director of health has found in writing that the proposed outdoor festival sites or facilities would not comply with all health, zoning, fire and safety requirements and standards imposed by the laws (including ordinances) applicable to the site where the outdoor festival is to be conducted, including this chapter; or

2. The planning director, chief of police, director of public works or director of health finds in writing that any of the facilities, services, resources or guarantees proposed by the applicant as required by this chapter are insufficient to satisfy any discretionary requirement imposed by any of said officials pursuant to authority conferred by this chapter; or

3. The finance director finds in writing that because of the inadequacy of financial resources of the applicant or for other reasons there is a significant risk that any of the facilities, services, resources or guarantees required of the applicant by this chapter will not be provided. [Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].

4.38.260 License requirements.

A. A special business license authorizing an outdoor festival pursuant to the provisions of this chapter shall state on its face, and the finance director shall be vested with discretionary authority to determine based upon considerations of health, safety and welfare as identified by this chapter, the following:

1. The maximum number of persons authorized to attend the festival on each date the festival will be conducted;

2. The dates and hours during which the festival may be conducted; and

3. Such conditions pertaining to conduct of the festival as may be deemed appropriate.

B. To the extent that the license authorizes a lower maximum number of persons to attend the festival than proposed by the applicant, authorizes the festival on fewer dates or during more restricted hours than proposed by the applicant, or contains conditions to which the applicant objects, said provisions of the license shall be appealable in the same manner and in accordance with the same procedure as if the application had been denied, and said appeal shall be governed by the procedures and standards prescribed by RCMC 4.10.110 through 4.10.130. [Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 17 (part), 1983].